SCOPE, FUNCTIONS AND

JURISDICTION OF THE TRIBUNAL

FOR HOMEBUYER CLAIMS

BY
JAMHIRAH ALI
DEPUTY CHAIRMAN
TTPR
TRIBUNAL FOR HOMEBUYER
CLAIMS

What is it?
Tribunal For Homebuyer Claims
(TTPR) is established under the
Housing Development (Control &
Licensing) Act 1966 on 1.12.2002
- It is a special tribunal established
to hear disputes between
homebuyer and housing developer

- It is easy, cheap and fast process

Members of the Tribunal are:-

Chairman
Deputy Chairman
Presidents appointed by the Minister (5 or
more)
Secretary
Who is homebuyer?

Homebuyer means a purchaser and

includes a person who has
subsequently purchased a housing
accommodation from the first purchaser
of the housing accommodation
 Jurisdiction of the Tribunal

The Tribunal have jurisdiction to determine a

claim where the total amount in respect of the
claim does not exceed RM50,000

The claim is based on a cause of action

arising from the sale and purchase agreement
entered into between the homebuyer and the
licensed housing developer
Claim must be brought by the homebuyer not later
than 12 months from:-

a. the date of the issuance of the certificate of

completion and compliance for the housing
accommodation or the common facilities

b. the expiry date of the defects liability period as set

out in the sale and purchase agreement

c. the date of the termination of the sale and

purchase agreement by either party and such
termination occurred before the date of issuance
of the certificate of completion and compliance
The Tribunal have NO jurisdiction to determine
any claim:-

- for recovery of land, or any estate or interest

in land
- dispute concerning entitlement under a will
or settlement or on intestacy
- dispute concerning goodwill
- dispute concerning chose in action
- dispute concerning any trade secret or other
intellectual property right
 TYPES OF CLAIM

TECHNICAL CLAIM

- Damages for non compliance to

specification
- Damages for defective workmanship

- Compensation for adjustment in land

area
- Omission of work

- Defects, shrinkage or other faults to the

building

- Incomplete or non availabillity of

common facilities
GALLERY

Broken and bent ceiling

GALLERY

Crumbled plaster cement

(appropriate mixture ratio is 1 cement : 3 sand)
GALLERY

Unsafe wiring due to no conduits

GALLERY

Low quality of bricks and building structure (lintol) built

from sand-mixed concrete
GALLERY

Algae on wall caused by non appliance of moisture

resistant base paint
GALLERY

Shoddy workmanship and finishing in the bathroom

 GALLERY

Cracks on the wall

GALLERY

Leakage at the ceiling

 GALLERY

Tilted floor

Shoddy workmanship on kitchen and living area

 NON-TECHNICAL CLAIM

- Liquidated Ascertained Damages (LAD) /

Compensation for late delivery
- Late delivery of common facilities

- Deposit refund

- Refund of Late Interest Charges

LATE DELIVERY OF VACANT POSSESSION
(Schedule G)

a. Date of S&P signing - 14/03/1999

b. Completion date - 13/03/2002
c. Actual delivery of vacant possession - 18/03/2003
d. Days of delay - 371 days
LAD =
RM42,000(price) X 10% X 371 days - RM4,269.04
365 days
COMMON FACILITIES

Late delivery of common facilities

a) Date of S&P signing - 14/03/1999

b) Completion date - 13/03/2002
c) Actual delivery of vacant possession - 18/03/2003
d) Days of delay - 371 days
Common facilities =
RM42,000 (price) X 10% X 20% X 371 days - RM853.80
365 days
REFUND OF DEPOSIT

If the Sales and Purchase Agreement

has been revoked the buyer may
request the refund of 10% deposit
previously paid to the Developer.
Brochure -vs- SPA
 DATO’ SOO LAI SING v KUMPULAN SIERRAMAS
(M) SDN BHD & ANOR [2004] 3 MLJ 546
In the promotional brochures and sales campaign for
Sierramas Resort Homes (‘the housing estate’), the first
defendant had stated that a unique and special security
features would be provided by the second defendant within
the housing estate to ensure the safety and tranquillity of its
residents. The plaintiff purchased a housing lot and moved
into the housing estate. Subsequently, he was robbed when
the house was broken into (‘the said incident’). The plaintiff
commenced an action against the defendants for damages
arising from the defendants’ failure, neglect and/or
carelessness which resulted in the said incident.
Held, allowing the plaintiff’s claim:

(1) On the facts, the first defendant did represent to the

plaintiff that it would provide special security features at the
housing estate and for this reason, the plaintiff was
completely persuaded to purchase a housing lot to later
reside there. Such security features must exist and must be
in operation at the time when any purchaser had come to
stay in the house he purchased in the housing project. Since
the first defendant had failed to provide the special security
features as represented, such omission tantamount to an act
of misrepresentation. Azmel J
 Ammer Ali Mohamad Yussof & Anor v.
Sunrise Berhad [2008] 1 LNS
“The brochure and folder of promotional materials used on
21/11/1996, and produced before the Court, are luxuriously
produced material, and not in the nature of the usual sales
flyers. The promotional materials were not trivial promotional
materials, but are a solemn effort to convey a distinct mental
image to the prospective buyer to persuade him to make not
any mere booking but a commitment to purchase by
payment of a non-refundable deposit.”
Sample Of Brochure
COMMENCEMENT OF PROCEEDINGS AT THE
TRIBUNAL

A homebuyer may lodge with the Tribunal a claim

in the prescribed form together with the prescribed
fee claiming for any loss suffered or any matter
concerning his interest as a homebuyer

The prescribed fee is RM10.00 payable at the

time claim is filed in form 1
Upon lodging a claim with the Tribunal a sealed
copy of form 1 will be returned to the claimant and
the claimant shall serve one copy on the
Respondent

The secretary to the Tribunal shall fix a hearing

date
RIGHT TO APPEAR AT HEARINGS

Every party shall have the right to attend and be

heard at the hearing

No party shall be represented by an advocate and

solicitor at the hearing unless in the opinion of the
Tribunal the matter in question involves complex
issues of law and one party will suffer severe
financial hardship if he is not represented by an
advocate and solicitor
 Decision of Tribunal to be final

Every agreed settlement recorded by the

Tribunal and every award made by the Tribunal
shall be final and binding on all parties to the
proceedings

Any person who fails to comply with the award

made by the Tribunal within the period specified
by the Tribunal commits an offence
Section 16AD of the Housing Development
(Control & Licensing) Act 1966

Criminal penalty for failure to comply -

shall on conviction be liable to a fine which shall

not be less than RM5,000 and shall not exceed
RM10,000 or to imprisonment for a term not
exceeding 2 years or both
 Where to file a claim

A homebuyer can file their claim at the Tribunal

office or through online

Information on Tribunal and forms can be

downloaded at:

http://www.kpkt.gov.my
http://ehome.kpkt.gov.my
THANK YOU